BILL SUMMARY for SB09-054
HOUSE COMMITTEE ON JUDICIARY
|Votes: View--> ||Action Taken: |
|Refer Senate Bill 09-054 to the Committee of the W||PASS|
01:41 PM -- Senate Bill 09-054
Representative A. Kerr, sponsor, presented Senate Bill 09-054 concerning an increase in the civil penalties recoverable by the state under statutes related to fair trade. Under current law, the maximum civil penalty that may be imposed for violations of the Colorado Consumer Protection Act is $100,000 per related series of violations. The bill removes the cap so that civil penalties can be assessed at $2,000 per violation without being limited to the $100,000 maximum penalty. The bill also increases the maximum civil penalty that may be imposed for violations of the Colorado Antitrust Act of 1992 from $100,000 to $250,000. Representative Kerr responded to questions from the committee about the reasons for increasing the penalty for violations addressed in the bill. The committee discussed the penalty caps contained in the bill.
01:51 PM -- Jan Zavislan, Colorado Attorney General's Office, spoke in support of the bill. Mr. Zavislan responded to committee questions about the impetus for raising the penalties for violations of the Colorado Consumer Protection Act and the Colorado Antitrust Act. He discussed new technology that allows people to disseminate deceptive advertising and consumer scams to many more people than ever before. He responded to questions concerning Section 1 of the bill and whether it changes the private right of action. The committee discussed the section of the bill referring to online ticket sales and deceptive trade practices. Mr. Zavislan discussed the punitive nature of civil penalties. The committee held a lengthy discussion about civil penalties and about enforcement of foreign perpetrators of deceptive trade practices.
|TIME: || 02:16:56 PM|
|MOTION:||Refer Senate Bill 09-054 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.|
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS